Created by Fuzzy Cloud

Patna High Court

Kundan KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Kundan Kumar, was arrested in connection with the recovery of 105 litres of country‑made liquor near Shiv Nagar Mandir, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor, was falsely implicated, had no prior criminal record and had been in judicial custody since 23 January 2026. The State opposed his bail, arguing the seriousness of the offence. After hearing both sides, the Court considered the facts, the petitioner’s lack of antecedents and the circumstances of his alleged involvement. The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge, Excise‑II, Jehanabad.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and the petitioner’s claim of innocence.

Subjects

  • bail
  • excise
  • prohibition
  • illegal liquor
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17824 of 2026
                     Arising Out of PS. Case No.-27 Year-2026 Thana- Excise Arwal District- Jehanabad
                 ======================================================
                 Kundan Kumar S/O Kishor Kumar @ Kishore Paswan R/O Vill.-
                 Madhushrava Chauki, P.S- Mehandia, Dist- Arwal

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kamlesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Arwal Excise P.S. Case No. 27 of 2026 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that near

                   Shiv Nagar Mandir and the road,                     altogether 105 liters of

                   country-made liquor were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that as the petitioner was standing near

                   Shiv Nagar Mandir, he has been implicated in this case. Nothing
           Patna High Court CR. MISC. No.17824 of 2026(2) dt.24-03-2026
                                                       2/2




                     has been recovered from the possession of this petitioner. He

                     further submits that a statement has been made in para 3 of the

                     petition that petitioner has no criminal antecedent and he is

                     languishing in judicial custody since 23.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Special

                     Judge, Excise-II, Jehanabad/ concerned court in connection with

                     Arwal Excise P.S. Case No. 27 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.